A shareholder’s contractual right to a dividend and a company’s oppressive conduct in withholding dividend payments: Sumiseki Materials Co Ltd v Wambo Coal Pty Ltd

Traditionally, a shareholder’s expectation of receiving a dividend has been limited by the discretion the board of directors has to recommend the appropriate amount of payment as a dividend. As a general rule, shareholders will only be entitled to a dividend after the dividend is declared (normally, at the general meeting), or when the actual date arrives for the dividend to be paid. Because courts were traditionally reluctant to interfere with the internal management of companies, the remedies available to shareholders to compel a company to declare a dividend were very limited. As a result, if the directors have decided to withhold dividend payment, courts will only make an order requiring dividends to be paid under very exceptional circumstances. In this article, the authors discuss the case of Sumiseki Materials Co Ltd v Wambo Coal Pty Ltd [2013] NSWSC 235, which is exceptional for the court’s recognition of a shareholder’s contractual right to a dividend. The article analyses the court’s approach, which found that withholding dividend payments was oppressive and unfairly prejudicial conduct of the company. It also discusses the significance of shareh9olders entrenching their rights in a company’s constitution, irrespective of the fact that a company has a statutory right to alter its constitution by way of a special resolution.

Children's television viewing and objectively measured physical activity: associations with family circumstances

Background: The contribution of family circumstance to physical activity and television viewing has not been widely investigated in pre-adolescents, and available information is inconsistent. This study examines whether television viewing and objectively measured physical activity vary by different indicators of family circumstance.
Methods: Data from the 2001 Children's Leisure Activity Study and the 2002/3 Health, Eating and Play Study, involving Australian children in Grades Prep (mean age 6y) and 5–6 (mean age 11y), were combined. Children wore accelerometers for six consecutive 24 hour periods. Average min/day in low-intensity activity (1.0–1.9 METs) and moderate-to-vigorous-intensity activity (≥3 METs) were calculated. Parents reported children's television viewing and family circumstance. Linear regression analyses were conducted separately for young girls, young boys, older girls and older boys. Results: Complete data were available for 2458 children. Parental education and, to a lesser extent, employment level were inversely associated with television viewing. Children in single-parent families, those whose fathers were not in paid employment, and those without siblings tended to spend more time in low-intensity activity than their peers. Children with siblings spent more time in moderate-to-vigorous-intensity activity; associations were stronger for girls. Maternal education was positively associated with moderate-to-vigorous-intensity activity for younger children. Maternal employment was positively associated with moderate-to-vigorous-intensity activity for older children. Multivariable models did not demonstrate a cumulative explanatory effect.
Conclusion:  Individual measures of family circumstance were differentially associated with television, low-intensity activity and moderate-to-vigorous-intensity activity and associations were often not consistent across age-by-gender groups. Interventions may need to be tailored accordingly.

Conquering and coping with the "Big C" : a phenomenological study of exceptional cancer survivorship

A study of the healing journeys of cancer survivors. The research questions were: "Do cancer survivors have anything in common?" "Is there such a phenomenon as cancer survivorship?" Ten exceptional survivors were interviewed in depth and their stories were analysed for themes. These themes were Overcoming issues of commitment, challenge, control, caring and confidence. The thesis also explores the issues of obstacles to survivorship. These were couses, costs and controversies. The conclusion is that healing journeys will never be prescriptive but that they will always be possible.

Client circumstances before and after SAAP assistance : an analysis of the national data collection, 2002-03

If a program is to be successful for clients, it is important to be able to assess the outcomes before and after having been in the program. In order to draw some conclusions about the success of SAAP the following article attempts to summarise briefly the changes in circumstances experienced by SAAP clients when compared with their pre-SAAP circumstances.

The emotional toll of being a twice exceptional adult : a case study

This article presents a case study of a twice exceptional young woman

Fostering resilience later in life: a narrative approach involving people facing disabling circumstances, carers and members of minority groups

Over the last two decades, the concept of resilience has become the focus of a growing body of gerontological research. However, there is a dearth of qualitative research that explores how socio-economic and socio-cultural factors shape older people's resilience. This study addresses this gap and explores the concept of resilience through the lens of 25 Australians from a variety of backgrounds, investigating the resilience strategies they employed in the face of different challenging life events. A qualitative narrative methodology involving one focus group and semi-structured interviews was employed. A stratified convenience sample of 34 people aged 60 and over participated in semi-structured interviews between 2009 and 2011. The study describes the meaning participants assigned to the term resilience, and focuses on the range of resilience responses and strategies they employed, bringing to light some key commonalities and differences. The study's findings suggest that access to economic and cultural resources and the nature of the adversity older people face can shape and limit their resilience strategies. The article outlines how the concept of resilience could be incorporated into aged care practice and argues that resilience-focused interventions that potentially broaden the resilience repertoire of older people should be explored within an aged care context.

Exceptional durability enhancement of PA/PBI based polymer electrolyte membrane fuel cells for high temperature operation at 200°C

The incorporation of phosphotungstic acid functionalized mesoporous silica in phosphoric acid doped polybenzimidazole (PA/PBI) substantially enhances the durability of PA/PBI based polymer electrolyte membrane fuel cells for high temperature operation at 200°C.

Exceptional object analysis for finding rare environmental events from water quality datasets

This paper provides a novel Exceptional Object Analysis for Finding Rare Environmental Events (EOAFREE). The major contribution of our EOAFREE method is that it proposes a general Improved Exceptional Object Analysis based on Noises (IEOAN) algorithm to efficiently detect and rank exceptional objects. Our IEOAN algorithm is more general than already known outlier detection algorithms to find exceptional objects that may be not on the border; and experimental study shows that our IEOAN algorithm is far more efficient than directly recursively using already known clustering algorithms that may not force every data instance to belong to a cluster to detect rare events. Another contribution is that it provides an approach to preprocess heterogeneous real world data through exploring domain knowledge, based on which it defines changes instead of the water data value itself as the input of the IEOAN algorithm to remove the geographical differences between any two sites and the temporal differences between any two years. The effectiveness of our EOAFREE method is demonstrated by a real world application - that is, to detect water pollution events from the water quality datasets of 93 sites distributed in 10 river basins in Victoria, Australia between 1975 and 2010. © 2012 Elsevier B.V..

Performing equality: the exceptional story of Mimoza Nestorova-Tomic in the post-1963 earthquake reconstruction of Skopje

Socialist gender ideology and practice, this illustrated volume examines the individuals in different contexts; the building types the women produced; the books and theory they were able to write; their contacts to international organizations; and their representation on both sides of the Iron Curtain.